Bill Text: CA AB1556 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Unemployment insurance.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2014-09-17 - Chaptered by Secretary of State - Chapter 377, Statutes of 2014. [AB1556 Detail]

Download: California-2013-AB1556-Amended.html

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BILL NUMBER: AB 1556	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 4, 2014
	AMENDED IN ASSEMBLY  MARCH 17, 2014

INTRODUCED BY   Assembly Member Perea
   (Coauthors: Assembly Members Ian Calderon, Frazier, Gonzalez, and
Wieckowski)

                        JANUARY 27, 2014

   An act to amend Section 316 of, and to add Sections 320.3,
1253.92, and 1326.5 to, the Unemployment Insurance Code, relating to
unemployment insurance, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1556, as amended, Perea. Unemployment insurance.
   Existing unemployment insurance law requires all standard
information employee pamphlets provided by the Employment Development
Department concerning unemployment and disability insurance programs
to be printed in English and separately in Spanish, or both.
   This bill would instead require those pamphlets to be printed in
English and the 7 other most commonly used languages among
participants in each program. This bill would require the 
Employment Development Department   department  to
make pages on its Internet Web site that provide information
regarding applying for, and receiving, unemployment insurance
benefits available in the 7 languages, other than English, most
commonly used by unemployment insurance applicants and claimants.
   Existing unemployment insurance law requires the Employment
Development Department to pay unemployment compensation benefits to
unemployed individuals meeting specified requirements.
   This bill would require the Director of Employment Development to
periodically review policies and practices used to determine
eligibility for and the amount of benefits in the unemployment
insurance program, as specified, and report to the Legislature the
results of the first review on or before July 1, 2015.
   Existing law prohibits an unemployed individual from being
disqualified for benefits solely on the basis that he or she is a
student.
   This bill would prohibit an unemployed individual who is 
otherwise eligible for and receiving unemployment compensation
benefits from being deemed ineligible for a week in which the
individual commenced a training or education program, if specified
conditions are met.   meeting specified requirements and
is certifying for continued unemployment compensation from being
scheduled for a determination of eligibility for a week in which the
individual commenced or is participating in a training or education
program and has notified the Employment Development Department of the
training or education program. This bill would permit the department
to schedule and conduct a determination of eligibility if the
department determines that the commencement of, or the ongoing
participation in, a training or education program conflicts with the
eligibility requirements for unemployment compensation.  Because
this bill would make changes to existing eligibility requirements
for unemployment compensation benefits that would result in
additional amounts being payable from the Unemployment Fund, a
continuously appropriated fund, the bill would make an appropriation.

   Existing law requires claims to be made in accordance with
authorized regulations of the director.
   This bill would require a continued claim to be submitted within a
specified period. It would also prohibit the director from
reevaluating a continued claim for eligibility solely because it was
submitted 15 to 21 days, inclusive, from the end of the last week for
which benefits were paid.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 316 of the Unemployment Insurance Code is
amended to read:
   316.  (a) There shall be maintained within an appropriate division
of the department, a bureau, section, or unit relating to education
and public instruction for the purpose of informing employers and
workers of their rights and responsibilities under this code, and of
instructing the public generally concerning its basic purposes,
provisions, and operations. All standard information employee
pamphlets concerning unemployment and disability insurance programs
shall be printed in English and the seven other most commonly used
languages among participants in each program in such number as he or
she may determine.
   (b) The department shall make the pages on its Internet Web site
that provide information regarding applying for, and receiving,
unemployment insurance benefits available in the seven languages,
other than English, most commonly used by unemployment insurance
applicants and claimants.
  SEC. 2.  Section 320.3 is added to the Unemployment Insurance Code,
to read:
   320.3.  (a) The director shall periodically review policies and
practices used to determine eligibility for and the amount of
benefits in the unemployment insurance program to identify those
policies and practices that do all of the following:
   (1) Result in delayed eligibility determinations or benefit
payments.
   (2) Increase workload for the department.
   (3) Provide little or no value in identifying or preventing fraud
or abuse in the unemployment insurance program.
   (b) The director shall report to the Legislature the results of
the first review on or before July 1, 2015, and may submit subsequent
reports thereafter. The report shall be submitted in compliance with
Section 9795 of the Government Code. 
  SEC. 3.    Section 1253.92 is added to the
Unemployment Insurance Code, to read:
   1253.92.  (a) An unemployed individual who is otherwise eligible
for and receiving unemployment compensation benefits shall not be
deemed ineligible for a week in which the unemployed individual
commenced a training or education program whenever both of the
following occur:
   (1) The individual has notified the department of the training or
education program on a continued claim form.
   (2) The individual has certified on the continued claim form to
all of the following:
   (A) He or she looked for work.
   (B) He or she was able to work.
   (C) He or she was willing to accept full-time work in the same
week he or she began a training or education program.
   (b) The department may conduct an inquiry to determine if the
commencement of the training or education program significantly
impairs the availability of the unemployed person. If the department
determines that the commencement of the training or education program
significantly impairs the unemployed person's availability to accept
work, then the department may take appropriate action regarding the
payment of unemployment benefits. 
   SEC. 3.    Section 1253.92 is added to the  
Unemployment Insurance Code  , to read:  
   1253.92.  (a) An unemployed individual who is meeting all of the
requirements under this division, including Section 1253.9, and is
certifying for continued unemployment compensation benefits shall not
be scheduled for a determination of eligibility for a week in which
the individual commenced or is participating in a training or
education program and has notified the department of the training or
education program.
   (b) If the department determines that the commencement of, or the
ongoing participation in, a training or education program conflicts
with the eligibility requirements for unemployment compensation under
this division, the department may schedule and conduct a
determination of eligibility. 
  SEC. 4.  Section 1326.5 is added to the Unemployment Insurance
Code, to read:
   1326.5.  A claimant shall submit a continued claim within 14 days
of the end of the last week for which benefits were paid. The
director shall not reevaluate a continued claim for eligibility
solely due to a claim being submitted 15 to 21 days, inclusive, from
the end of the last week for which benefits were paid.